Board Order ABP-304807-19
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Board Order ABP-304807-19 Planning and Development Acts 2000 to 2019 Planning Authority: Kerry County Council Planning Register Reference Number: 19/381 Appeal by the Organising Committee of NMWT@Ballylongford care of Tullahinnell South, Ballylongford, Listowel, County Kerry and by Ballylongford Windfarm Group care of JOAM Consulting Limited of Harbour View, Cromane Lower, Killorglin, County Kerry against the decision made on the 6th day of June, 2019 by Kerry County Council to refuse permission to the said Ballylongford Windfarm Group for the proposed development. Proposed Development: Construct a windfarm consisting of up to six wind turbines with an overall ground to blade tip height of up to 126.5 metres. The development will also include battery units, upgrading of existing access tracks and the provision of new internal access roads, the development and improvement of existing entrances onto the public road network, the provision of a wind anemometry mast (height up to 80 metres), a peat deposition area, underground electricity cables/cabling, an electricity substation with control room and associated equipment, temporary construction compound and all ancillary site and ground works. The windfarm is located in the townlands of Aghanagran Middle, Aghanagran Lower, Ballyline West and Tullahennell South, Ballylongford, County Kerry. The development will also consist of the connection of the proposed development, via underground electricity cables, to the existing ESB substation at Kilpaddoge, Tarbert, County Kerry. The ABP-304807-19 An Bord Pleanála Page 1 of 19 underground cable will be located n the townlands of Aghanagran Lower, Ballyline West, Ballymacasy, Lislaughtin, Glancullare South, Gurteenavallig, Meelcon, Carhoona, Farranawana, Doonard Upper, Doonard Lower, Tarbert and Kilpaddoge, County Kerry. Decision GRANT permission for the above proposed development in accordance with the said plans and particulars based on the reasons and considerations under and subject to the conditions set out below. Matters Considered In making its decision, the Board had regard to those matters to which, by virtue of the Planning and Development Acts and Regulations made thereunder, it was required to have regard. Such matters included any submissions and observations received by it in accordance with statutory provisions. Reasons and Considerations The Board had regard to: (a) the European, national, regional and local policy and targets with regard to the development of alternative and indigenous energy sources (including for renewable energy and wind energy in particular) and the minimisation of emissions from greenhouse gases, (b) the provisions of the Wind Energy Development Guidelines – Guidelines for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in June 2006, ABP-304807-19 An Bord Pleanála Page 2 of 19 (c) the policies of the planning authority as set out in the Kerry County Development Plan 2015-2021, including the Wind Energy Strategy for County Kerry, 2012, (d) the location of the windfarm site in an area which is identified in the development plan as an area ‘Open for Consideration’ where it is the policy of the planning authority to facilitate the development of appropriate wind energy proposals, (e) the character of the landscape in the area and the absence of any ecological designation on or in the immediate environs of the wind farm site, (f) the characteristics of the site and of the general vicinity, (g) the pattern of existing and permitted development in the area, including other windfarms, (h) the distance to dwellings and other sensitive receptors from the proposed development, (i) the Environmental Impact Assessment Report submitted, (j) the Natura impact statement submitted, (k) the full documentation submitted with the planning application and at appeal stage, (l) the appeals and observation made in connection with the planning application, and (m) the report of the Planning Inspector. Appropriate Assessment The Board considered the Screening Report for Appropriate Assessment, the Natura impact assessment and all the other relevant submissions and carried out both an appropriate assessment screening exercise and an appropriate assessment in relation to the potential effects of the proposed development on designated European Sites. ABP-304807-19 An Bord Pleanála Page 3 of 19 Stage 1 Screening Assessment The Board agreed with the screening assessment and conclusion carried out in the Inspector’s report that the Lower River Shannon Special Area of Conservation (Site Code: 002165), and the River Shannon and River Fergus Estuaries Special Protection Area (Site Code: 004077) are the European sites for which there is a likelihood of significant effects. The Board was satisfied that all other European Sites could be screened out of any further assessment, because of the nature and conservation objectives of the European Sites and the distance of the development site from the European Sites. Stage 2 Appropriate Assessment The Board considered the Natura impact statement and all other relevant submissions and carried out an appropriate assessment of the implications of the proposed development for European Sites, namely the Lower River Shannon Special Area of Conservation (Site Code: 002165), and the River Shannon and River Fergus Estuaries Special Protection Area (Site Code: 004077) in view of the sites’ conservation objectives. The Board considered that the information before it was adequate to allow the carrying out of an appropriate assessment. In completing the Appropriate Assessment, the Board considered, in particular, the following: (i) the likely direct and indirect impacts arising from the proposed development both individually or in combination with other plans or projects, (ii) the mitigation measures which are included as part of the current proposal, and ABP-304807-19 An Bord Pleanála Page 4 of 19 (iii) the conservation objectives for the European Sites. In completing the Appropriate Assessment, the Board accepted and adopted the Appropriate Assessment carried out in the Planning Inspector’s report in respect of the potential effects of the proposed development on the aforementioned European Sites, having regard to the sites’ conservation objectives. In overall conclusion, the Board was satisfied that the proposed development, by itself or in combination with other plans or projects, would not adversely affect the integrity of the European Sites in view of the sites’ conservation objectives. Environmental Impact Assessment The Board completed an environmental impact assessment of the proposed development, taking into account: (a) the nature, scale and extent of the proposed development, (b) the Environmental Impact Assessment Report (EIAR) and associated documentation submitted by the applicant in support of the planning application including at appeal stage, (c) the submissions from the planning authority, the appellants, the observer and the prescribed bodies in the course of the application and the appeal, and (d) the Planning Inspector’s report. ABP-304807-19 An Bord Pleanála Page 5 of 19 The Board considered that the Environmental Impact Assessment Report, supported by the documentation submitted by the applicant, adequately considers alternatives to the proposed development and also adequately identifies and describes the direct, indirect, secondary and cumulative effects of the proposed development on the environment. The Board agreed with the examination, set out in the Planning Inspector’s report, of the information contained in the Environmental Impact Assessment Report and associated documentation submitted by the applicant and submissions made in the course of the planning application. The Board considered and agreed with the Inspector’s reasoned conclusions, that the main significant direct and indirect effects of the proposed development on the environment are, and would be mitigated, as follows: Biodiversity There will be habitat loss due to the construction of access roads, substation, hardstanding, cable trench and felling of trees. There will be general disturbance during construction and operation phases. These will be mitigated by the mitigation measures outlined in the Construction and Environmental Management Plan (Appendix 15A Volume 2 of Environmental Impact Assessment Report), pre-construction mammal surveys, invasive species management plans, and the appointment of an Environmental Clerk of Works. Hydrology and Water Quality Potential indirect effects could be caused by the increase in run-off, such as soil erosion and sediment release into the receiving watercourses. The Construction and Environmental Management Plan, Site Drainage Management Plan (Appendix 2 Volume 2 of Environmental Impact Assessment Report) and Surface Water Management Plan, all detail the mitigation measures to be taken to mitigate any significant effect. ABP-304807-19 An Bord Pleanála Page 6 of 19 Landscape and Visual Possible cumulative impact arising from the proximity of the adjoining windfarm at Tullahennell, particularly on the R551 which forms part of the Wild Atlantic Way. It is considered, however, that the visual impact would not justify a refusal of planning permission having regard to the overall benefits of the proposed development, and in particular having regard to the context which is that of a highly moderated working landscape. The Board completed an environmental impact assessment in relation to the proposed development and concluded